Social Rights

The complaint was registered on 4 June 2024. It relates to Articles 1 (the right to work), 7 (the right of children and young persons to protection), 13 (the right to social and medical assistance), 15 (the right of persons with disabilities to independence, social integration and participation in the life of the community), 16 (the right of the family to social, legal and economic protection), 17 (the right of children and young persons to social, legal and economic protection), 27 (the right of workers with family responsibilities to equal opportunities and equal treatment), 30 (the right to protection against poverty and social exclusion), 31 (the right to housing) and E (non-discrimination) of the revised European Social Charter.

ATD Fourth World alleges that certain provisions of Law 19/2021 of 20 December 2021 relating to the minimum subsistence income (LIMV) lay down a number of requirements for the granting and continuation of this benefit, in violation of the aforementioned provisions of the Charter. In particular, ATD Fourth World complains about the inadequacy of the amounts allocated to this benefit, the age or legal residence requirements, the time limits for allocation and the annual review procedures, which sometimes leads to restitution for undue payments, thus exacerbating the vulnerable situation of some beneficiaries. Finally, ATD Fourth World considers that the LIMV and its application confirm the discriminatory treatment of the most disadvantaged people in society.

International Movement ATD - Fourth World  v. Spain  (text in French - original in Spanish)
Complaint No.  241/2024